HLS in Focus

A group of us were heading to lunch with our criminal law professor last Monday (he likes taking his students out to lunch on occasion) when the professor stopped and said, “Hang on, I want to go say hi to Richard Posner.” At first I as confused. Was my professor talking about the Richard Posner and if so why was Richard Posner, Seventh Circuit judge and legal academia legend, wandering our halls?

It turned out that Judge Posner was one of the guest judges at the annual Ames Moot Court Competition that was taking place later that day. Ames is a competition in which 2Ls and 3Ls argue mock cases against each other. The competition is pretty grueling. The three rounds span two years and winning the competition is considered a big honor. For the final round, the law school usually gets a Supreme Court Justice or other legal heavyweight as the lead judge in a three judge panel. This year we were welcoming Judge Posner, Judge Diane Wood, and Judge Barrington Daniels Parker Jr.

I thought that observing the competition might be cool, but didn’t have the commitment to stand in line the 2ish hours that seemed to be required to view the oral arguments in person. About fifteen minutes before arguments were set to start, I walked over to Austin Hall, where the competition was being held. As expected, I was directed towards one of the overflow rooms where the arguments were going to be broadcast on large screens.

In retrospect I am glad that I didn’t get in to the actual competition. The overflow room is apparently where all the upperclassmen that know what’s happening camp out and talk about the goings on in the competition. The place felt more like a sporting event than a complex legal showcase. People were munching on snacks, cheering on classmates, and commenting aloud on the action in the courtroom.

The format for arguments in the case being tried was set up to mimic that of an actual Supreme Court case. The imitation was relatively accurate because no student was able to get more than a few seconds of argument in before they were interrupted by one of the judges. The judges were persistent in their interrogations. The oral arguments consisted mostly of a tug of war between the students and the judges as to the complexities of the topic at hand. It was actually pretty harrowing to watch fellow law students go toe to toe with a panel of incredibly tough federal judges on the particularities of a given legal issue.

The arguments also had their lively moments. The case being argued involved the constitutionality of allowing the slogan “Meat is Murder” to be emblazoned on a license plate. My room chuckled when Judge Wood suggested that maybe the phrase wasn’t actually meant to be inflammatory against meat eaters, but meant to signal the driver’s love for the band The Smiths. The room erupted when the student arguing at the time uncomfortably admitted that he did not understand the reference.* Also, I am relatively certain that by the end of the first set of arguments everyone in the room had tried their hand at imitating Judge Posner’s unique pronunciation of the word “vegan” (hard vowels such that it would rhyme with “we ran”).

All in all the event was pretty interesting. I watched fellow law students argue a case before some of the country’s greatest legal minds, and had a lot of fun while doing it.

* The Smiths put out an album in 1985 called “Meat is Murder”

- Anit

One of the perks of being an HLS student is that key players in the law often stop by for a visit.  Supreme Court Justices, law firm & business leaders, political candidates, and government leaders often come to the law school to give speeches, sit on panels, and guest lecture.  Last Friday, Solicitor General Elena Kagan headlined a panel focused on the Solicitor General’s office.  1L Kostya Lantsman shared his recollections:

All day Friday, HLS was abuzz with anticipation of the return of former HLS Dean Elena Kagan, the first woman to serve as Solicitor-General.  Kagan was appearing on a panel entitled “Views from Washington: Reflections from the Solicitor General’s Office” which was moderated by Dean Martha Minow and also included Professors John Manning and Charles Fried. 

Professor Fried, a former SG under Reagan, opened the discussion by outlining the virtues of the SG’s Office.  He cited the interpersonal support and lack of rivalries as a “model of what lawyers working together should be.”  Professor Manning, who spent several years as a civil servant in the SG’s Office in the early ‘90s under Presidents Bush and Clinton then offered his own unique perspective.  Drawing from his time as an Assistant to the SG he praised the “ethos of professionalism and neutrality that is unique” to the SG’s Office. General Kagan remarked on the “lack of partisanship and politicization” and praised the “professionalism and commitment” of the staff.  She also provided some interesting detail regarding the make-up of the office (20 out of the 22 members are civil servants while only 2 are political appointments) and her day-to-day responsibilities (she has to personally approve every appeal the U.S. undertakes, which adds up to about 3-4 cases she has to review and approve or deny per day, the supervision of the 50-55 Supreme Court hearings per year in which the office is involved, and preparing as the SG to argue 6-7 cases/year in front of the Supreme Court.)

When the panel began the question and answer portion, the discussion quickly turned to the hot topic of the day: General Kagan’s first argument before the Supreme Court two days prior.  General Kagan likened arguing in front of the nine justices to arguing in an HLS class with question after question coming from your professor, hypotheticals piling up on hypotheticals, but with nine professors rather than one – not a pleasant thought for a 1L.  When asked about her statement to Justice Scalia that he was wrong, General Kagan said that she knew she could say that to Justice Scalia because “he likes a good battle” and “he gave me one.” 

The panel also spoke about the role of the SG within the US government.  Despite being appointed by the President and serving at his behest, the SG often defends other interests including that of Congress which crafted legislation being challenged or administrative agencies.  Thus, the SG has a daily working relationship with the Attorney-General and rarely sees the President.  In fact, Professor Fried remarked that President Reagan NEVER told him what to do while Fried was serving as SG.  As a result, there is no clear client for an SG.  The trick to the job, General Kagan told the crowd, is trying to figure out how to accommodate all those masters.  In the end, despite being a part of the executive branch, the SG has a unique role defending acts of the legislature and serving as almost a “10^th Justice,” a special officer of the Court and repeat player whose success depends on utmost honesty and the highest level of professional responsibility.  As General Kagan concluded, the SG is a lawyer like any other, but unlike every other.  The SG is “lawyer with a client and cases come across your desk and you have to defend it,” but the client is the US.

Editor’s Note:  If you’re interested in learning more about HLS SG’s in history, check out this recent article from the HLS website: http://www.law.harvard.edu/news/spotlight/public-service/related/hls-solicitors-general.html

If you’d like to learn more about the inner workings of some top government law positions, many of which are now occupied by former HLS professors, check out this article from the HLS bulletin: http://www.law.harvard.edu/news/bulletin/2009/summer/feature_3.php

Transfer alumnus Matthew Perault graduated from HLS in June 2008.  A native of Chapel Hill, North Carolina, he received a BA from Brown University in 2002, and is now a law clerk for Judge Gladys Kessler in the US District Court for the District of Columbia. Admissions staffer Julia Foresman recently had the chance to catch up with Matthew about how his interests in international development and human rights drew him to HLS.

Matthew Perault: (10:44)

1L and Co-Chair of the Public Interest Auction Sarah Jelsema recently sat down for a Q & A with us after this yearly highlight of the HLS calendar.

What is the public interest auction?
The public interest auction is a fundraiser run entirely by the 1L class that raises money to support students who do public interest work over the summer. We solicit donations from faculty, staff, alumni, parents, students, firms, and local businesses. Some donate money and some donate things to auction off. We receive all sorts of donations – things like Red Sox tickets, gift certificates to restaurants and salons, lunches and fishing trips with professors, cookies and brownies made by the librarians, and a tour of the Northwest Corner Construction project. The auction is one of the biggest social events of the year. Every year the auction has a theme, and we decorate Austin Hall accordingly. This year the theme was “Bright Lights: Bid City” and so the different rooms were decorated as different big cities – London, Paris, and New York.

What has gone into preparing for this event and what have you gotten out of the experience as a co-chair?
Almost all of the 1L class helps out with the auction. We divide the students up by committees and committees mostly help out either by asking for donations, calling alumni and asking them to donate, emailing firms, going door to door in Cambridge, or by helping process the donations and get them ready to sell, or by helping out on the night of the auction. As one of the auction co-chairs, I had the opportunity to work with a group of amazing people to try to plan and coordinate this huge event – it was definitely a  challenging experience for all of us. From coordinating hundreds of student volunteers to keeping track of hundreds of donations, to making sure everything comes together on the night of the auction, being a co-chair was a lot of work, but it was extremely rewarding. It was also a good opportunity to meet new students.

The event is always a lot of fun for students, faculty and staff. What was your favorite part of the evening? Did anything surprise you?
The event was a huge success. My favorite part of the evening was the live auction. Our auctioneers – this year Professors Elizabeth Warren and Jonathan Zittrain – were auctioning off the “right to be – or not be – in the 2010 parody.” The first bidder was the Dean of Students because they gave her a hard time this year in the parody, but then Professor Mann, who bought this item last year, got in a bidding war with Professor Warren and everyone was laughing so hard!

Why should admitted and prospective students seeking a strong public interest community choose Harvard? Why did you?
I think that students looking for a strong public interest community should choose Harvard because they can go anywhere and do anything with a degree from Harvard Law. We are a bigger law school, but as a result, we have so many more options to pick from than other law schools. Good public interest law jobs are really competitive – and since I want one, I’m glad I chose Harvard. I know that the connections and friends that I will make here, with professors and fellow students, will be of benefit for the rest of my life.

Starting April 15, HLS will begin accepting transfer applications for the fall. Over the last couple of years, there have been increased opportunities for Harvard Law students to study off-campus through joint degree and foreign study programs which make it possible for us to admit more transfer students than ever before.

The question of whether to apply as a transfer student is the right move is up to you, but we think that a little research will show you the vast benefits of transferring to HLS. With 102 full-time professors and more than 300 courses, HLS is home to the most intellectually stimulating legal community in the world. Outside the classroom, there are 14 journals, over100 student organizations, clinical placements in approximately 30 areas of the law, and more than enough opportunities for you to experience the incredible diversity of the HLS community during your second- and third- year. For example, the Harvard Law Review encourages transfer applicants to apply for membership and several past transfer students have been successful in that endeavor.

Bottom line? Whether you are interested in constitutional law or environmental law or human rights advocacy or any number of other areas, the breadth and depth of our offerings is incredible. Whether you want to clerk at the circuit court level, follow the path to academia, or pursue a career in public service, the opportunities presented to our graduates are unsurpassed.

For more details on the transfer application process including eligibility guidelines, deadlines, and application requirements, please visit: http://www.law.harvard.edu/prospective/j…

Also, stay tuned in the coming days and weeks for blog entries of a few students talking about their experience transferring into Harvard Law School!

For students interested in 2010 clerkships, spring is the time to start getting serious about the process. In a recent orientation program held by the Office of Career Services, Associate Director for Judicial Clerkships and JD Advising, Kirsten Solberg, covered such topics as application components, assessing one’s candidacy, researching judges, and the timetable for current 2Ls.
The bulk of Solberg’s discussion of clerkships focused on clerkship applications. Cover letters and resumes are par for the course, but the weightiest components typically are grades, recommendation letters, and especially writing samples. Networking also goes a long way in this process. “Become acquainted with 3Ls clerking next year,” suggested Solberg. “Reach out to family and friends who are or know judges… by asking questions and advice you build relationships.”

Self assessment is another big part of the process, including the type of court you envision for yourself and researching the judges to whom you apply to find personality and interest matches. “Trial courts tend to offer more practical work,” offered Solberg. “I think it’s the best complement to law school on a theoretical level.” Appellate courts on the other hand tend to focus more on legal arguments with more individual research on a fewer number of cases.

How many judges should one apply to? “That’s a difficult decision… most applicants apply to anywhere between 70 to 80 judges. This is a high number, but this process is by no means a sure thing. Be flexible and ask questions.”

For more information including tips and pointers, please visit the Office of Career Services website.

While at HLS, alumnus Lam Ho was a public interest dynamo. As president of the Harvard Legal Aid Bureau, a supervising member of Reaching Out About Depression (R.O.A.D.), and Founder & Coordinator of the Giving Tree, which raises holiday gifts for children of the HLS clinical and student practice organization clients, Lam never shied away from going above and beyond the call of duty… including 60-90 hours a week dedicated to his clinicals.

Lam is currently on a Skadden Fellowship starting a community legal clinic for low income youths and their families in Chicago. Admissions staffer Julia Foresman recently caught up with Lam in the wake of a victory he scored with the Legal Assistance Foundation of Metropolitan Chicago. Lam had been trying to get Chicago Public Schools to follow through with the Individualized Educational Plan that CPS and his client Mary Greenlee had put in place for her 6 year old grandson, Rayvaughn.  “It’s been extremely rewarding to educate and empower my clients,” he said.  “… this is what gets me up in the morning.”

Podcast: Lam Ho (13:09)

Anyone interested in clerking after law school knows how tough clerkships are to clench.  Famous for its attention to top grades, stellar references, and flawless essays (sound familiar?), the clerkship application process can be fiercely competitive.  We figured some words of wisdom from a recent alumnus, Dan Sullivan, might be in order…

What was your background before coming to HLS? I graduated from Williams College in 2001 and worked for three years before attending HLS. Before law school, I worked as an investment banking analyst at a Wall Street firm, a research assistant at a public policy organization, and a legislative aide to a U.S. Congressman on Capitol Hill.

Why law school? I became interested in law school when I was a student at Regis High School, a Catholic high-school for boys in New York City that emphasizes a lot of lawyerly skills, such as reading, writing, and debate. But I put the idea on hold until I began working in Washington, DC after college. In Washington, my interest in law school was re-ignited by working with a number of smart, dedicated lawyers. My experience working with them showed me that a legal education would be great training for a variety of careers, from law and public policy to business and finance.

How did you get your clerkship? What was the process like? I clerked for Chief Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit, who is an excellent judge and a wonderful person. I formally applied for federal clerkships in August before my 3L year, but I started the application process (e.g., researching judges, asking professors for recommendations) half-way through my 2L year. The application process can be long and cumbersome. But the HLS Office of Career Services (OCS) provides students with terrific, step-by-step information about the clerkship process and critical support throughout the process. Beyond reading OCS’s excellent materials and following its advice, I recommend doing independent research on judges by talking with current and former law clerks, seeking advice from professors, reading articles about and by judges, and looking up federal judges’ bios on the Federal Judicial Center website (www.fjc.gov).

What classes or activities exist at HLS for those students interested in clerking after HLS? Law clerks do a lot of research, writing, editing, and critical reading. Students interested in clerking should do activities that will help them improve those skills, such as working as an editor on the Harvard Law Review or another law journal; working as a research assistant for a professor during the school year or the summer; doing relevant pro bono or clinical work; or writing a significant research paper for course credit. While I was at HLS, I worked on the Harvard Journal of Law & Public Policy and as a research assistant for Professor Mary Ann Glendon, who currently serves as U.S. Ambassador to the Holy See. Both experiences were great preparation for clerking, particularly working for Professor Glendon since she is an outstanding teacher and mentor. In terms of courses, students interested in clerking should definitely take Federal Courts, Constitutional Law, and Evidence. Other good, basic courses that provide a solid foundation for clerking are Statutory Interpretation/Legislation, Administrative Law, Corporations, and Advanced Legal Research.

Alumni advice for the incoming class? Make the most of your time at HLS. Dean Kagan likes to say (and she’s right) that HLS is like New York City because it has so many things to offer. Take advantage of the many opportunities to learn available at HLS both inside and outside the classroom. I recommend becoming actively involved in at least one student organization, such as a law journal or a club. Through your involvement in an organization you will have a chance to befriend and learn from other HLS students, one of the greatest assets HLS has to offer. During my time at HLS, I was actively involved in the Harvard chapter of the Federalist Society, a national organization of conservative and libertarian law students and lawyers that promotes intellectual diversity in the legal profession. My work with the Harvard Federalist Society was one of the highlights of my law school experience because it introduced me to so many students with such diverse interests, experiences, and backgrounds.

As a former Chicagoan, I’ve been paying close attention to the sad display of corruption and greed coming out of the state of Illinois in recent days (er, years).  It appears the good citizens of that state will see a second governor in a row–first Republican governor George Ryan and now Democratic governor Rod Blagojevich–end up behind bars.  (One wonders whether voters will choose more wisely next time)  But there’s a hero in this mess: U.S. Attorney Patrick Fitzgerald, a 1985 graduate of Harvard Law School.  I recommend reading about him in this Chicago Tribune profile.  Maybe the new president (’91) will keep him on for a few more years…

For prospective students interested in gender-violence and women’s rights, I want to highlight a recent presentation by Maya Raghu of Legal Momentum. A Senior Staff Attorney and Director of the Employment and Housing Rights for Victims of Domestic Violence Program, Raghu provided some valuable insight into navigating the public interest world. Note: No path of law is irreversible; she spent 4 years at a firm before heading back over to public interest!

Having gone to law school interested in international human rights and women’s rights work, Raghu interned with a federal judge in the Southern District of Texas for her 2L summer. “It was a great experience because the clerks were great about explaining their work; I got to read complaints, construct answers, watch trials, look at briefs, conduct discovery… the experience also piqued interest in litigation,” she said.

However, the most defining aspect of Maya’s law school career was the clinic she did during which she represented an ethnic Chinese Uighur for asylum before an immigration judge. “It was the best and worst experience… most cases finish in a semester; ours went on for 4 years, and it gave me a very real picture of what litigation is like.”

Upon graduation, Maya clerked for two years and spent the next four at a firm where she further honed her litigation skills before refocusing on public interest work. “I had done lots of pro bono work at the firm, particularly on the side of domestic workers who were undocumented,” she said. “The best thing you can do if you want to move from firm to public interest is to focus on skills such as litigation, taking depositions, and discovery work you learned at firm and demonstrate long-standing interest in public interest work.”

It was in large part her litigation experience, Maya claims, that contributed to her getting the job at Legal Momentum. As one of the few multi-issue women’s organizations, Legal Momentum (formerly known as NOW Legal Defense and Education Fund) deals with instances of sex discrimination and harassment, and focuses on issues of national importance as they relate specifically to women. “We’ve been looking at welfare and the gendered effects of poverty,” Maya explained, “as well as maintaining a longstanding focus on the economic security of women in such nontraditional jobs as construction workers, firefighters, and mechanics.” The legislative advocacy of the organization also serves victims of domestic violence who stand to lose their jobs or homes because their employers or landlords fear personal harm to their business or property.

“When taking cases, we have to be very strategic; we think: will this advance our cause? We look for policy changes and we seek to alter the structure of the way the law approaches domestic violence issues.”

Check them out on the web!